3339-4-07
Family and medical leave.

(A)
Eligibility

(1)
In accordance with federal law, employees are eligible
for family and medical leave after twelve months of employment and provided the
employee has performed at least one thousand two hundred fifty hours of work
during the previous twelve-month period. (Fulltime faculty are deemed to meet
the one thousand two hundred fifty-hour requirement.) All eligible employees
are entitled to a total of twelve workweeks of leave during the twelve-month
period of July first through June thirtieth for one or more of the following
reasons:

(a)
The
birth of a child and to care for the newborn (reason one);

(b)
The placement of
a child with the employee for adoption or foster care (reason
two);

(c)
To care for the employee's spouse or domestic partner,
parent, child (defined as "a biological, adopted or foster child, a stepchild,
a legal ward, or a child of a person standing in loco parentis"), or the child
of the domestic partner with a serious health condition (reason three);
and

(d)
A serious health condition that makes the employee
unable to perform the essential functions of his or her position (reason
four).

Note: For information on military
families leave, see paragraph (I) of this rule.

(2)
Miami
requires employees to substitute accrued paid sick leave (e.g., vacation, sick
leave, personal leave) for family and medical leaves whenever permitted by law
(i.e., 29 C.F.R. 825.207-208 ). If the employee does not have available
sufficient paid leave for the entire twelve weeks, the employee may take the
balance of the leave as unpaid leave. If the employee has available more than
twelve weeks of paid leave, the employee may use all the paid leave that
applies to the employee's situation.

A family and medical leave may run
concurrently with a worker's compensation absence when the injury is one that
meets the criteria for a serious health condition. As the worker's compensation
absence is not unpaid leave, the provision for substitution of accrued paid
leave is not applicable.

(B)
Notice and
approval

The employee must provide the
appropriate personnel office with a minimum of thirty calendar days advance
notice before the date the leave is to begin. Employees should contact the
appropriate personnel office for more detailed information and to arrange
family and medical leave, including parental leave. The department of human
resources can assist employees and their supervisors in arranging suitable
coverage of the employees' responsibilities while on leave. Employees are
required to complete the forms and return them to the appropriate personnel
office for approval of leave within a minimum of thirty calendar days advance
notice before the date the leave is to begin. However, if the date of the
birth, placement of the child, or serious health condition of the employee or
family member requires leave to begin in less than thirty days, the employee
must provide as much notice as is practicable. Failure to give notice may
result in a delay of leave.

Employees must request the family and
medical leave in writing and submit the request to the appropriate personnel
office. A medical certification form will be provided. Medical certification
must be received in the appropriate personnel office prior to approval of the
leave.

To use leave for the care of a domestic
partner or the child or parent of the domestic partner, a completed affidavit
of domestic partnership must be on file with the department of human
resources.

(C)
Substitution of paid leave

Miami requires employees to substitute
accrued paid leave (e.g., vacation, sick leave, personal leave) for family and
medical leaves whenever permitted by law (i.e., 29 C.F.R. 825.207-208 ). If the
employee does not have available sufficient paid leave for the entire twelve
weeks, the employee may take the balance of the leave as unpaid leave. If the
employee has available more than twelve weeks of paid leave, the employee may
use all of the paid leave that applies to the employee's
situation.

A family and medical leave may run
concurrently with a worker's compensation absence when the injury is one that
meets the criteria for a serious health condition. As the worker's compensation
absence is not unpaid leave, the provision for substitution of accrued paid
leave is not applicable.

(D)
Intermittent
leaves and reduced leave schedules

An intermittent leave is a leave taken
in separate blocks of time due to a single illness, injury, or health
condition. An example is a leave taken several days at a time spread over
several months for chemotherapy.

A reduced leave schedule is a change in
the employee's normal schedule for a period of time, usually from fulltime to
part-time. An example is a reduction in the workday from eight hours to six
hours because of a serious health condition.

Leaves taken for the following reasons
shall not be taken intermittently or on a reduced-leave schedule: except as
permitted by the parental leave policy leaves taken for the birth of a child or
to care for the newborn (reason one) and leaves taken for the placement of a
child with the employee for adoption or foster care (reason two).

Leaves taken for the following reasons
may be taken intermittently or on a reduced-leave schedule: leaves taken to
care for the employee's spouse or domestic partner, child or parent (reason
three) and leaves taken because of a serious health condition that makes the
employee unable to perform the essential functions of his or her position
(reason four).

An employee who takes intermittent
leave or a reduced-leave schedule may be temporarily transferred to an
alternative position, for which he or she is qualified, that has equivalent pay
and benefits and that better accommodates recurring periods of leave than does
the employee's regular position.

Employees shall make a reasonable
effort to schedule leaves so as to avoid unduly disrupting the operations of
Miami university, subject to the approval of the health care provider of the
employee (reason four) or of the employee's spouse or domestic partner, child
or parent (reason three).

(E)
Certification

Miami university requires a medical
certification from the health care provider for leave taken for reasons three
or four.

Serious health condition means an
illness, injury, impairment, or physical or mental condition that involves
inpatient care in a hospital, hospice or medical care facility, or continuing
treatment by a healthcare provider.

The certification form may be obtained
from either the department of human resources or the office of academic
personnel services. Miami university may, from time to time (generally not more
often than every thirty days), require recertification during the period of
leave. Failure to provide certification or recertification may result in a
delay of leave, denial of leave and/or loss of pay for the leave period.
Falsification of certification is grounds for disciplinary action up to and
including dismissal.

Miami university may require, at its
expense, that the employee obtain the opinion of a second healthcare provider
selected by Miami university concerning any information certified. In case of
conflict between the second opinion and the employee's certifying healthcare
provider, Miami university may, at its expense, require the opinion of a third
healthcare provider (jointly selected by the employee and Miami university).
The opinion of the third healthcare provider shall be final and binding on
Miami university and the employee.

Miami university may require a
certification from the employee's healthcare provider that the employee is able
(or unable) to return to work, when the family and medical leave was because
the employee's serious health conditions made the employee unable to perform
the essential functions of the employee's job.

(F)
Restoration to
position and continuation of benefits

Eligible employees who return from a
family and medical leave may be restored to the position held by the employee
when leave began or be restored to an equivalent position with equivalent pay
and university-provided benefits and other terms and conditions of
employment.

Miami university will maintain
university-provided benefits for eligible employees on family or medical leave
under the same terms and conditions coverage would be provided had the employee
continued in employment for the duration of the leave. Retirement contributions
will only be made for that portion of the family and medical leave that is paid
leave.

(G)
Failure to return from leave

Miami university may recover from the
employee the cost Miami university paid for maintaining university provided
benefits during the unpaid period of leave if the employee fails to return from
leave unless the failure to return is due to:

(1)
The continuation,
recurrence, or onset of a serious health condition that would otherwise entitle
the employee to leave under the family and medical leave policy:
or

(2)
Other circumstances beyond the control of the
employee.

(H)
Other employment

Employees on family or medical leave
are not permitted to perform services for remuneration for other employers
(including self-employment), as an independent contractor, partner, sole
proprietor, principal in a corporation, or for any other individual or entity,
unless approved, in writing, in advance by the appropriate vice president or
the vice president's designee. For units reporting to the president, the
appropriate vice president is the vice president for finance and business
services and treasurer.

Instructional staff and administrative
staff who have approved outside consulting/employment (see rule
3339-3-11 of the administrative Code) must obtain the approval of the
appropriate vice president to continue such services during a period of
leave.

(I)
The family and medical leave policy, military
families

In 2008. the Family and Medical Leave
Act (FMLA) was amended to extend FMLA qualifying leave to the families of
members of the United States armed forces under certain circumstances (military
families leave). This supplement to Miami university's fmla policy explains
employees' rights to such leave. Except as provided for in this policy, an
employee's rights and obligations with regard to military families leave are
governed by Miami university's existing fmla policy.

(1)
Leave
entitlement

The amendments to fmla provide for two
new instances in which an FMLA eligible employee can qualify for FMLA
leave:

(a)
Military caregiver leave

Eligible employees who are family
members of covered service members are able to take up to "twenty-six work
weeks of leave in a single twelve-month period" to care for a covered service
members with a serious illness or injury incurred in the line of active duty
if:

(i)
The employee is an eligible family member or next of kin
(the nearest blood relative other than the covered spouse, domestic partner,
parent, son, or daughter, who has been granted legal custody by court decree or
statutory provisions and in accordance with the order of priority as set by the
fmla regulations).

(ii)
The covered service member is: undergoing medical
treatment, recuperation, or therapy: an outpatient status: or on the temporary
disability retired list, for a serious injury or illness.

(iii)
This leave will
not exceed twenty-six workweeks during a "single twelve month period." The
calculation of the "single twelve month period" begins with the first day the
eligible employee takes fmla to care for the covered service member and ends
twelve months after that date. If all leave is not taken, it is
forfeited.

(iv)
Eligible employees may not take this type of leave to
care for former members of the armed forces, national guard, and reserves, or
members who are on the permanent disability retired list.

(b)
Qualifying exigency leave

Eligible employees may take up to
twelve weeks of leave during the university's FMLA year because of any
"qualifying exigency" arising out of the fact that the spouse, son, daughter,
or parent of the employee is on active duty or has been notified of an
impending call to active duty status in support of a contingency operation. A
qualifying exigency includes:

(i)
Short notice
deployment - call/order to active duty seven days prior to date of
deployment.

(ii)
Military and activities related to call to active
duty.

(iii)
Childcare and school activities - e.g. arrange for
alternative childcare, enroll child in new school or day care, attend meetings
with school or day care staff, and provide childcare on urgent or immediate
need basis.

(iv)
Make or update financial and legal
arrangements.

(v)
Counseling that arises out of the military
service.

(vi)
Rest and recuperation - limited to five days per leave
to spend with military member on short-term leave.